N6247020R4001 Solicitation.pdf

MILCON PROJECT P-655, FLEET MAINTENANCE FACILITY, NAVAL AIR STATION SIGONELLA, ITALY

TIME AND DUE DATE FOR PROPOSALS IS LISTED IN BLOCK 13 & IN SECTION 00 21 00 INSTRUCTIONS TO BIDDERS

SEE SECTION 00 21 00 INSTRUCTIONS TO BIDDERS FOR BASE ACCESS PROCEDURES FOR DELIVERY OF PROPOSALS

SEE SECTION 00 21 00 INSTRUCTIONS TO BIDDERS FOR SITE VISIT INFORMATION

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE, IF FUNDS ARE NOT AVAILABLE, NO AWARD WILL BE MADE AS

A RESULT OF THIS SOLICITATION

OFFERORS WILL NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS RESULTING FROM THIS SOLICITATION

REBECCA V. DOUGLAS 757-322-4704

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

16-Jan-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________600 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________20 Feb 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVAL FACILITIES ENGINEERING COMMAND

ATLANTIC DIVISION

6506 HAMPTON BLVD

NORFOLK VA 23511

N62470

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N6247020R4001 53

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6247020R4001

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each P-655 Fleet Maintenance Facility, Italy

FFP

Price for the entire work for MILCON Project P-655 Fleet Maintenance Facility at NAS Sigonella, Italy, in accordance with drawings and specifications.

FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

Section 00 21 00 - Instructions

INSTRUCTIONS

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

1. GENERAL

1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.2 GENERAL OVERVIEW OF CONTRACT SCOPE

2. BASIS FOR AWARD

3. EVALUATION FACTORS FOR AWARD

4. PROPOSAL REQUIREMENTS

4.1 PRE-PROPOSAL CONFERENCE AND SITE VISIT

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

4.3 PRE-PROPOSAL INQUIRIES

4.4 CONTRACT OPPORTUNITIES

5. ATTACHMENTS: Will be located on Contract Opportunities under additional documents.

5.1 PRE-PROPOSAL INQUIRY FORM (ATTACHMENT A)

5.2 SEC-NAV_5512_1_11787 FORM (ATTACHMENT B)

5.3 CONSTRUCTION AND DESIGN EXPERIENCE PROJECT DATA SHEET (ATTACHMENT C)

5.4 PAST PERFORMANCE QUESTIONNAIRE (ATTACHMENT D)

5.5 SCHEDULE B PRICE PROPOSAL FORM (ATTACHMENT E)

5.6 DD FORM 254 (ATTACHMENT F)

5.7 LRA COMMERCIAL VEHICLE INSPECTON PROCEDURES (ATTACHMENT G)

1. GENERAL

1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.1.1 This solicitation is being issued as an UNRESTRICTED full and open, two (2)-phase design-build procurement in accordance with FAR Part 36. The best value continuum source selection process used in this acquisition is the tradeoff process. Award will be made to that responsible offeror whose proposal, conforming to the solicitation, is determined to offer the best value to the Government considering the technical and price factors stated herein. The Phase I evaluation will result in a determination of the most highly qualified offerors. These offerors will be notified and invited to submit a Phase II proposal package.

1.1.2 The appropriate Northern American Industry Classification System (NAICS) code for this procurement is 236220, and the size standard is $36.5M.

1.1.3 This acquisition will be advertised utilizing FAR Part 15 – Contracting By Negotiation and FAR Part 36 – Construction and Architect-Engineer Contracts.

1.1.4 This acquisition will result in a firm-fixed-price contract for design-build construction services. In accordance with FAR 36.205 the statutory cost limitation for P-655 Fleet Maintenance Facility is $19,500,000 USD. Award will be made in U.S. dollars. Statutory cost limitation applies to all CLINs with the exception of CLINs 0005 and 0007.

1.1.5 The contract completion time is 600 calendar days from the initial Notice to Proceed.

1.2 GENERAL OVERVIEW OF CONTRACT SCOPE

1.2.1 This project is a Design-Build Construction Contract to construct an 842 SM (9,060 SF) Fleet Maintenance Facility (FMF) consisting of maintenance and repair shops, storage and personnel support areas. The facility is required to support the Advanced Airborne Sensor program for the P-8A aircraft. The entire facility will be secure, classified as open storage with special secure area and compartmented areas within. Electronic emanation countermeasures are required. This facility must be located adjacent to the P-8A Hangar (under separate contract).

The facility will be a single story, steel framed or concrete construction with an exterior metal wall panels finish and color in accordance with NAS Sigonella Base Exterior Architecture Plan. The roof systems will be standing seam metal or modified bitumen low-slope roof. The facility’s foundation system will be a standard foundation as indicated in ESR A10, FOUNDATIONS.

Interior features include: fire alarm system, automatic wet pipe sprinkler system, and fuel-resistive floor finishes.

Built-in equipment includes an emergency generator, frequency converters, classified security system and a (bid option) bridge crane.

Pavement facilities include concrete slab for generator ISU-90 boxes, and spot cooler. Paving and site improvements include grading, perimeter airfield security fence, gates, sidewalks, access roads and curbs.

Electrical utilities include telecommunications infrastructure, connection to existing substations.

1.2.2 Contractor Performance Information: Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website: http://www/cpars.gov. Prior to commencement of work the contractor is required to provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government in the appropriate system. It is the contractor’s responsibility to keep this contract information current.

2. BASIS FOR AWARD

2.1.1 The Government reserves the right to eliminate from consideration any or all offerors at any time prior to award of the contract; to negotiate with offerors in the competitive range; to award the contract to the offeror submitting the proposal determined to represent the best value – the proposal most advantageous to the Government, price and other factors considered.

2.1.2 The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Proposals must be set forth full, accurate and complete information as required by this Solicitation (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

Therefore, each initial offer should contain the best terms from a technical, cost and price standpoint.

2.1.3 The best value continuum source selection process used in this acquisition is the tradeoff process.

2.1.4 Factors 1-3 will be evaluated in Phase I. Factors 4-5 will be evaluated in Phase II. Factor 1 will only be rated Acceptable or Unacceptable. If an offeror is rated Unacceptable in Factor 1, then they will not be considered for Phase II. In Phase II, Factor 4 (Safety) will only be rated Acceptable or Unacceptable. If an offeror is rated Unacceptable in Factor 4, or any other factor, they will not be eligible for award, unless the deficiency(ies) is/are remedied through discussions. In making the best value award decision after Phase II, the Government will consider Factors 2, 3, 5, and price. The relative order of importance of the non-price evaluation factors is that adjectivally-rated technical factors (Factors 2 and 5) are equal to each other and when combined are of equal importance to the performance confidence assessment (Factor 3). The combined non-price factors are approximately equal to price.

2.1.5 The Government intends to award a contract to a single contractor for CLIN 0001, with CLINs 0002, 0003, 0004, 0005, and 0006 as priced options, and CLIN 0007 as a Planned Modification. The Government reserves the unilateral right to award Option Item 1 (CLIN 0002), Option Item 2 (CLIN 0003), Option Item 3 (CLIN 0004), Option Item 4 (CLIN 0005), and Option Item 5 (CLIN 0006) to the contractor at the time of award or within 365 calendar days after contract award. Offerors must submit a price for each of CLIN 0001 through CLIN 0007.

Offerors not submitting pricing for all CLINS will be considered non-responsive to the solicitation and will not be evaluated.

2.1.6 The Government intends to issue the Solicitation through the Internet at www.beta.sam.gov, although as noted elsewhere, technical specifications and drawings will only be provided to cleared firms via a separate mechanism. All prospective offerors MUST register themselves on the website. All contractors are encouraged to attempt downloading the documents prior to obtaining the solicitation through alternate sources.

Many firms and commercial printing services have the capability to print the solicitation package and plan holder’s list from the Internet, if necessary. The official plan holder’s list will be created by registration and will be available from the website only. Amendments will also be posted on the website for downloading. This will be the normal method for distributing amendments; therefore, it is the offeror’s responsibility to check the website periodically for any amendments to this solicitation. NOTE: Drawings and specifications will only be provided as specified in this notice below.

2.1.7 SPECIAL NOTICE: In order to be provided with the technical specifications and drawings on which firms will offer, offerors must possess at least a Department of Defense (DOD) Secret Facility Clearance (FCL), issued in accordance with the National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M and SECRET safeguarding capability. Firms that form joint ventures must also comply with the FCL and personnel security clearance requirements. Each entity comprising the joint venture must be issued a Secret FCL, as well as the joint venture.

To obtain copies of drawings and specifications interested offerors are required to submit DD Form 254 (Attachment (F)), which must be received by close of business on February 20, 2020. Offerors may begin submitting DD Form 254 on February 11, 2020. In addition to the form, Offerors shall provide the following items to NAVFAC Atlantic Security Office: 1) Offerors CAGE code information and facility address in order to confirm that the contractor meets the required Facility Clearance and Safeguarding capability; 2) list of the cleared contractor personnel (full name and social security number) who will be proposed to work on this effort so that the clearances of the contractor and personnel can be verified by the NAVFAC Atlantic Security Office. Required information shall be properly packaged as For Official Use Only/Privacy Act Data and mailed via Federal Express Overnight Mail to the attention of the NAVFAC Atlantic Security Manager at NAVFAC Atlantic, 6506 Hampton Blvd, Norfolk, VA 23508-1278. Offerors must annotate on the DD Form 254 that the purpose is for solicitation package pick-up only.

An e-mail should be sent to the Contracting Office (rebecca.douglas@navy.mil) indicating submission of the required documents and providing a valid e-mail address for distribution of drawings and specifications once the offeror is cleared by NAVFAC Atlantic’s Security Manager.

Classified Information shall not be disclosed to any firm for the purpose of responding to the procurement without a DD Form 254 approved & issued by NAVFAC Atlantic Security Manager. The Government will only furnish copies of the solicitation and related documents to those interested offerors that have had the required security information verified and accepted. Once the DD Form 254 and supporting documentation are reviewed and approved by the NAVFAC Atlantic Security Manager, the Contracting Officer will furnish an electronic copy of the drawings and specifications to the prospective offeror.

Classified Information shall not be disclosed/released/signed over to any person unless the individual’s Secret personnel security clearance issued by the Defense Industrial Security Clearance Office (DISCO) has been previously verified as required. Prospective offerors shall protect and destroy all controlled unclassified information (i.e. For Official Use Only Information) in accordance with (IAW) SECNAV MN5510.36 and all Privacy Act/Personally Identifiable Information IAW SECNAVINST 5211.5E.

2.1.8 SYSTEM FOR AWARD MANAGEMENT:

To be eligible for award, your firm(s) must be registered in the System for Award Management (SAM) database as required as required by FAR 52.204-7, System for Award Management (Oct 2016).

See Section 00100 and the following:

Note that the System for Award Management (SAM) is required for all offerors; including Joint Ventures (JV) (registration must state the NAME of the JV). Offerors not currently registered in SAM must obtain a DUN & Bradstreet (DUNS) number and a CAGE or NCAGE prior to registering in SAM.

All offerors, including JV offerors, must submit with their proposal a DUNS number. In addition to the DUNS number required for JV offerors, JV offerors must submit with their proposal a DUNS number for each member comprising the JV. DUNS numbers can be obtained at http://fedgov.dnb.com/webform. The DUNS number is required in order to register in SAM (see above.)

CAGE/NCAGE – A CAGE/NGAGE code is required for all offerors, including JV offerors. JV offerors must acquire a CAGE Code registered in the JV name.

(a) U.S. offerors, including Joint Venture offerors: U.S. offerors must obtain a CAGE Code prior to registering in the SAM database, part of the SAM registration process (see paragraph above).

(b) Non-U.S. (foreign) offerors ONLY, including JV: Non-U.S. offerors must obtain a NATO CAGE (NCAGE) Code instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

IMPORTANT NOTICE: If the offeror is registering a new entity in SAM.gov, the offeror must follow new procedures, which include providing an original, signed notarized letter indicating authorized entity Administrator for the entity associated with the DUNS number before a new SAM.gov entity registration will be activated.

IT IS HIGHLY RECOMMENDED FOR THE NEW REGISTRANTS TO CHECK WITH SAM.GOV HELPDESK

DIRECTLY TO ENSURE THAT ALL REQUIREMENTS FOR TIMELY REGISTRATION ARE MET.

This solicitation is limited to prime US companies with US design firms. At a minimum, the design team must consist of US persons. The prime contractor of the facility must be a US company, and at a minimum, consist of US citizens with an adjudicated final SECRET security clearance. The contractor may sub-contract activities to local nationals, as noted in Part 6 "Attachments", Appendix G, “Construction Security Plan”. Management and escorting of host nationals must be done by the U.S. cleared prime contractor.

2.1.9 CERTIFICATE OF CLASSIFICATION:

SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

The following SOA Certifications are required, offeror must show that the necessary Certifications are in effect as of the date Phase II proposals are due, and must be submitted with the Phase II Proposal:

Societa’ Organismi d’Attestazione (S.O.A.) (Qualifying Agencies) work categories for this project in accordance with Italian D.P.R. 34/00 (Decreto del Presidente della Republica 25 febbraio 2000, n.34).

The Prevailing Work Category: OG-1 Class VII

The prime contractor must be QUALIFIED in the Prevailing Work Category and pertinent Classification.

In the case of a JV, at least one member of the JV must have the required SOA Certifications. The JV member who has the SOA Certification must perform the majority of the work pertinent to the certification. In the case of a JV certification submitted by a subcontractor will not be accepted.

As required by DPR 554, art 75 and DPR 412 /2000 CO shall require the apparent successful bidder/offeror to submit additional documentation, upon Contracting Officer’s demand, for evaluation of firm's technical and financial qualifications to execute the work.

Debarment from Award:

As required by article 75 of DPR 554 and DPR 412/2000, Contractors cannot bid if they have a history of, or there is an existing question relative to:

- Bankruptcy

- Pending Charges

- Final Penal Judgment for moral and/or professional misconduct

- Breach of use of unauthorized subcontractors, i.e. anti-trust laws

- Breach of safety / security or labor regulations

- Serious malpractice or negligence

- Tax payments violations

- False or fraudulent representations in prior solicitations

Contractor must submit extract from criminal record or affidavits released by the local court of Contractor’s residence.

Contracting Officer shall review Contractors’ certifications for compliance. Firms who obtained SOA certification are listed in the SOA website. Not submitting the additional documentation is treated as a responsiveness issue.

Contracting Officer shall ensure that the contract provisions stipulate that the contract may be terminated for default if it is discovered after award that the Contractor failed to meet the certification requirements of D.P.R. n. 34, or art 75 of DPR 554, and DPR 412/2000.

2.2.1 ANTI-MAFIA LAW:

Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No.

629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the Government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

Subcontractors: ALSO, the offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree

no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract.”

This documentation is to be included in your Price Proposal.

2.2.2 ENGLISH SPEAKING REPRESENTATIVE:

At all times when any performance of the work at the site is being conducted by any employee of the Contractor or its subcontractors, the Contractor shall have a representative present on the site capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

2.2.3 PERFORMANCE GUARANTEE:

PERFORMANCE GUARANTEE

Ten-Percent (10%) PERFORMANCE GUARANTEE

Submittal Time: The offeror whose offer is accepted shall, within ten (10) days after award, furnish either (1) a Performance Guarantee and a notarized Performance Guarantee Letter conforming to the requirements below, or (2) Performance and Payment bonds conforming to the requirements below. If the offeror fails to provide either (1) a Performance Guarantee and a notarized Performance Guarantee Letter or (2) Performance and Payment Bonds within ten (10) days, the contract may be terminated for default. In such event, the offeror shall be liable for any cost of procuring the work which exceeds the amount of its offer and the bid guarantee shall be available toward offsetting such difference. Clauses 52.228-2, 52.228-11 and 52.228-15, listed in Section 01 00 00 – General Requirements above, will apply only if the offeror elects to submit payment and performance bonds, rather than a notarized performance guarantee, with their phase II proposal.

Form of Performance Guarantee: The Performance Guarantee shall be an amount equal to ten percent (10%) of the amount of the contract and shall be deposited into a banking institution, as acceptable to the contracting officer, which will then issue an irrevocable letter guaranteeing (the “Performance Guarantee Letter”) the payment of the amount deposited to the United States Government, upon demand by the Contracting Officer. Demand may be made if the Contractor fails to comply with the terms and conditions of the contract, or does not fulfill its undertaking in whole or in part. Payment to the Contracting Officer will be by check made payable to the "United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command, Europe, Africa, Southwest Asia." The Performance Guarantee shall take effect upon the date of signature of the Performance Guarantee Letter and shall remain valid and irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. The Performance Guarantee Letter shall be accompanied by a notarized document authenticating the financial institution's authority to sign the letter. An English translation of the Performance Guarantee Letter shall be submitted concurrently.

Upon acceptance of all work by the Government, however, the Contractor may, with the approval of the Contracting Officer, replace this guarantee with a reduced guarantee in the amount of four percent (4%) of the then existing contract price, with modifications, if any. Such replacement guarantee will then remain in effect for one (1) year after the final acceptance of the work by the Government.

SAMPLE OF PERFORMANCE GUARANTEE ISSUED BY A BANK

The Government will accept as valid a Performance Guarantee conforming to these requirements.

BANK LETTERHEAD

Date To: United States of America U.S. Department of Navy Contracting Office (FEA/IPT put in your address)

Attention: Contracting Officer

This is a letter of performance guarantee. I/We, the undersigned, acting as the duly authorized representative(s) of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as guarantor with the contractor named below to effect payment to the Contracting Office that issued the contract stated below, by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia,” within five (5) calendar days after receipt of a simple written request by registered mail, return receipt, in amount up to sum of (Amount equal to ten (10%) percent of the contract amount in the currency stated in the contract), which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory completion and timely performance of the work under Contract No. (insert contract number) for (insert description of services and location), in strict compliance with the terms, conditions and specifications of said contract entered into between the United States of America by the U.S. Department of Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia and the Contractor (insert name of Contractor) on (insert contract date), plus legal interest to be calculated from the date of receipt of the registered letter of request by the Contracting Officer to the date of actual payment, without any need for the Contracting Officer to take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority. The request by the Contracting Officer shall simply inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

I/We agree and consent that said contract may be modified by change order or supplemental agreement affecting the amount or the period of performance of the contract without prior consent of the Bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall remain unchanged.

This letter of performance guarantee will continue in effect without change in amount or terms until one year after the work has been finally accepted by the Government through its Contracting Officer’s legal representative.

(BANK NAME & ADDRESS) (CONTRACTOR NAME & ADDRESS)

Signed by: Signed by:

(Typed name) (Typed name)

(Title) (Title)

(This Performance Guarantee shall be accompanied by a notarized document authenticating the bank agent’s authority to sign the letter of performance guarantee for the bank company.)

Optional Performance and Payment Bonds: In lieu of a performance guarantee, the offeror may submit Performance and Payment Bonds in which the offeror and the surety obligate themselves in the amount of one hundred percent (100%) of the contract price, that the offeror shall undertake the performance of the contract if it receives award, shall make all required payments to subcontractors, and that said Performance and Payment Bonds ensure the fulfillment of all agreements contained in the contract. To be considered for acceptability, the offeror(s) shall submit Performance and Payment Bonds that meet the following requirements:

(a) The bonds shall be furnished within 10 days after receipt of award and shall each be in a penal sum equal to 100% of the contract price;

(b) The bonds shall be from a bank or other financial institution, either of which must first be approved by the Contracting Officer; and

(c) The bonds shall be of the U.S. standard type or of another type approved by the Contracting Officer and shall include the following concepts: (1) name of Surety and name of agent signing in behalf of Surety; (2) name of Principal; (3) a statement that the Principal and Surety are firmly bound on the United States of America in the penal sum of the bond; (4) Contract number; (5) Penal sum of bond and the statement "This bond will be in force until the Contracting Officer of the above-cited Contract authorized cancellation of the bond"; and (6) date of issuance of bond and signature of Surety's agent.

Contract Timing: Regardless of when performance and payment bonds or the Performance Guarantee and Performance Guarantee Letter are provided, the contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run 600 days from the notice to proceed.

(End of clause)

3. EVALUATION FACTORS FOR AWARD

3.1.1 The solicitation requires the evaluation of non-price and the following price factors:

Phase I:

Factor 1 – Technical Approach Factor 2 – Corporate Experience Factor 3 – Past Performance

The distinction between experience and past performance is that experience pertains to the types or work and volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

Phase II:

Factor 4 – Safety Factor 5 – Technical Solution

Price

As noted above, Factors 1-3 will be evaluated in Phase 1. Factors 4-5 will be evaluated in Phase II. Factor 1 will only be rated Acceptable or Unacceptable. If an offeror is rated Unacceptable in Factor 1, then they will not be considered for Phase II. In Phase II, Factor 4 (Safety) will only be rated Acceptable or Unacceptable. If an offeror is rated Unacceptable in Factor 4, or any other factor, they will not be eligible for award, unless the deficiency(ies) is/are remedied through discussions. In making the best value award decision after Phase II, the Government will consider Factors 2, 3, 5, and price. The relative order of importance of the non-price evaluation factors is that adjectivally-rated technical factors (Factors 2 and 5) are equal to each other and when combined are of equal importance to the performance confidence assessment (Factor 3). The combined non-price factors are approximately equal to price.

The importance of price will increase if the offerors’ non-price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-price proposal’s superiority to the Government. Award will be made to the responsible offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

3.2.1 Basis of Evaluation and Submittal Requirements for each Factor.

Factor 1 – Technical Approach:

(a) Solicitation Submittal Requirements:

The composition and management of the firms proposed as the design-build (DB) team for this contract will be evaluated in this factor. This solicitation is limited to prime US companies with US design firms. At a minimum, the design team must consist of US persons. The prime contractor of the facility must be a US company, and at a minimum, consist of US citizens with an adjudicated final SECRET security clearance.

The contractor may sub-contract activities to local nationals, as noted in Part 6 "Attachments", Appendix G, "Construction Security Plan”. Management and escorting of host nationals must be done by the U.S. cleared prime contractor.

The Offeror shall submit the following information:

(1) Provide a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement. Provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6). The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of an entity is being claimed in Factor 2, that entity must be named in the above narrative and organizational chart.

The technical approach narrative shall be limited to two (2) double-sided page (or four (4) single-sided pages) including the organizational chart. The document(s) requested in item #2 below (JV agreement, etc.) are not included in this page limitation.

(2) In addition to the narrative, the Offeror shall submit a signed copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the Offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.). Documents submitted in support of item #2 do not count against the page limitations of Factor 1 specified in the paragraph above.

(b) Basis of Evaluation:

The assessment of the Offeror’s technical approach will be used as a means to evaluate the capability of the Offeror to successfully meet the requirements of the RFP. This factor will be rated on an Acceptable or Unacceptable basis.

A failure of the offeror to provide a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement, providing the role, responsibilities, and contractual relationships between the various firms, providing an organizational chart, or providing a joint venture agreement (if applicable) will be rated Unacceptable. Offerors that are rated Unacceptable will be found ineligible to proceed to Phase II.

Factor 2 – Corporate Experience:

The Offeror shall submit the following information:

(1) Construction Experience:

Submit a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as a project which includes a fully enclosed 500-Square Meters (5,380-Square Feet) HVAC conditioned building, with cast-in place or precast structural concrete walls.

As a minimum requirement, demonstrate experience with at least two (2) relevant construction projects with construction of secure areas in accordance with IC Tech Spec for ICD/ICS 705 or DCID 6/9, for the United States Department of Defense or United States Department of State.

For each construction project submitted, provide a project narrative to assist the government in identifying project relevancy by describing the primary function of the facility, description of structural and building envelope, HVAC systems, and secure areas. The description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated or certified through Sustainable Third Party Certification (TPC).

Projects submitted for the offeror shall be completed within the past ten (10) years of the date of issuance of this

RFP.

A project is defined as a construction project performed under a single task order or stand-alone contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheets (Attachment C) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages).

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower.

Offerors are still limited to a total of five (5) projects combined.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate the manner in which the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract and the entity must be identified as a member of the team in Factor 1.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract and the entity must be identified as a member of the team in Factor 1. More weight may be given to projects completed by the Offeror than to those completed by proposed subcontractors.

(2) Design Experience:

Submit a maximum of five (5) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as a project which includes a fully enclosed 500-Square Meters (5,380-Square Feet) HVAC conditioned building, with cast-in place or precast structural concrete walls.

As a minimum requirement, at least two (2) relevant design projects shall demonstrate experience with design (full design drawings and specifications) of secure areas in accordance with IC Tech Spec for ICD/ICS 705 or DCID 6/9, for the United States Department of Defense or United States Department of State.

Preparation of Request for Proposal (RFP) documents will not be considered relevant design experience.

For each design project submitted, provide a project narrative to assist the government in identifying project relevancy by describing the primary function of the facility, description of structural and building envelope, HVAC systems, and secure areas. The description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated or certified through Sustainable Third Party Certification (TPC).

Projects submitted for the Offeror shall be completed within the past ten (10) years of the date of issuance of this RFP. For design-build projects, the design portion of the contract shall have been completed within the past ten (10) years of the date of issuance of this RFP.

A project is defined as a complete design effort performed under a single task order or stand-alone contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Attachment C) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages).

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate the manner in which the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract and the entity must be identified as a member of the team in Factor 1.

The Offeror may utilize experience of a design subcontractor to demonstrate design experience under this evaluation factor. The Offer must provide a supporting joint venture agreement, partnership agreement, teaming agreement, or letter of commitment and an explanation of the meaningful involvement for the design subcontractor and the entity must be identified as a member of the team in Factor 1. Offerors proposing multiple design firms should submit relevant project experience for all design firms. Failure to do so may result in a lower rating. More weight may be given to projects completed by the Offeror than to those completed by proposed subcontractors.

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction and design projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five (5) projects for construction and five (5) for design. Any projects submitted in excess of the five (5) for Construction Experience and five (5) for Design Experience will not be considered.

The Offeror may be considered more favorably in the following circumstances:

Relevant projects where the Offeror and the proposed design firm(s) have previously worked together may be considered more favorably than those that have not worked together.

Relevant projects that demonstrate design-build experience may be considered more favorably than those that do not have design-build experience.

Relevant projects that are constructed in Italy may be considered more favorably than those that do not demonstrate this experience.

Relevant projects that demonstrate experience with secure areas for projects located outside the continental United States (OCONUS) may be considered more favorably than those that do not demonstrate this experience.

Relevant projects that demonstrate experience with six-sided reinforced concrete construction may be considered more favorable than those that do not demonstrate this experience.

Relevant projects that demonstrate experience with RF Shielding may be considered more favorably than those that do not demonstrate this experience.

Relevant projects that demonstrate experience with sustainable features may be considered more favorably than those that do not demonstrate experience with sustainable features.

Factor 3 – Past Performance:

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for construction experience. If a completed AE Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for design experience. If there is not a completed CPARS evaluation then submit Past Performance Questionnaires (Attachment D) for each project included in Factor 2 for both Construction Experience and Design Experience. An Offeror shall not submit a PPQ when a completed CPARS is available.

When using PPQs, the Offeror should provide completed PPQs in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the offeror is unable to obtain a completed PPQ from a Government activity or facility tenant for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Rebecca Douglas via email at rebecca.douglas@navy.mil.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 2 – Corporate Experience.